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2023 Supreme(Mad) 2508

R. SUBRAMANIAN, R. KALAIMATHI
United India Insurance Co. Ltd. , Motor Third Party HUB, Chennai – Appellant
Versus
Lakshmamma – Respondent


Advocates appeared:
For the Appellant:S. Arun Kumar, Advocate. For the Respondents: R1 & R2, K. Varadhakamaraj, R3, Served – No Appearance.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the award and decree dated 14.11.2019 made in MCOP.No.2243 of 2016 on the file of the Motor Accident Claims Tribunal, Special Sub-Court No.2, Chennai.)

R. Subramanian, J.

1. The Insurance Company, which had suffered an award for payment of a sum of Rs.20,00,000/- as compensation for the death of one Balasubramanyam @ Balakrishna, son of Nagaiah in a motor accident that took place on 20.04.2015 at about 6.30 p.m., is the appellant.

2. According to the claimants, who are the parents of the deceased, while the deceased, who was working as a Coolie with the owner of the Tractor bearing Registration No.AP-03-W-4630 and the Trailor attached to it bearing Registration No.AP-03-W-4631 was travelling in the Tractor along with the goods namely, sand at about 6.30 p.m., on 20.04.2015, the driver of the Tractor drove the vehicle in a rash and negligent manner, resulting in the deceased falling of the vehicle amd the hook of the Tractor penetrated into the stomach of the deceased and he died at the SVRRGG Hospital at Tirupathi on 21.04.2015. Terming the negligence on the driver of the Tract

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